# COMAR Title 07 — Department of Human Services

## Subtitle 01 — Office of the Secretary

### Chapter 04 — Administrative Hearings

#### Regulation .12 Burdens of Going Forward and Persuasion.

*COMAR 07.01.04.12*

A. When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift that burden.

B. Except as provided in §A of this regulation:

  (1) An applicant who has requested a hearing pursuant to Regulation .03A of this chapter bears the burden of:

    (a) Going forward to establish a prima facie case of entitlement to the assistance, approval, license, or registration sought, and

    (b) Persuasion that the agency decision was incorrect;

  (2) When a recipient or other individual has requested a hearing or record review pursuant to Regulation .03B or C of this chapter, the agency bears the burden of:

    (a) Going forward to establish that its decision was prima facie correct, and

    (b) Persuasion that the agency decision was correct.

C. A party with the burden of persuasion shall meet the burden with:

  (1) Clear and convincing evidence on the issue of whether an intentional program violation occurred; and

  (2) A preponderance of the evidence in all other instances.

D. Except as provided by §§A—C of this regulation, the party asserting the affirmative of an issue has the burden of going forward and the burden of persuasion.